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bought counterfeit dvd

Have bought a blu ray dvd on ebay which when it arrived turns out to be a counterfeit copy.

I raised a claim and can return the item for a refund but this of course doesn't address the problem that the ebay seller is continuing to sell copies as real. I have clearly stated to both ebay and paypal that they are counterfeit but no-one seems interested.

When I return it, they will just re-sell it again

I filled in a form on FACT but how can I make paypal/ebay take more appropriate action?

Comments

  • emby
    emby Posts: 446 Forumite
    Part of the Furniture Combo Breaker
    The exact same thing happened to me.

    Paypal should not be asking you to return a counterfeit item, you have to get an official letter from the manufacturer of the item, send that onto Paypal and you will not be required to return the DVD to the seller.

    However, in my case the DVD was such a low value I didn't bother and instead simply left appropriate feedback for the seller, and whilst doing so noticed they had received a number of negs for the similar 'scam'.

    Have you contacted the seller, are they aware this is a fake?
    Have you tried phoning Paypal to push the issue that this is counterfeit?
  • simpywimpy
    simpywimpy Posts: 2,386 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I mentioned the counterfeit aspect in every email and correspondance with seller, paypal, and ebay themselves. No-one is interested. The seller says he didnt realise but I think he did. It was advertised as a chinese import but is quite obviously counterfeit.

    When I last looked the seller is still selling the dvds and im sure mine cant be the only one.

    I paid £10.50 for Hurt Locker on blu ray so only a couple of quid cheaper than I could have bought online from a store.
  • emby
    emby Posts: 446 Forumite
    Part of the Furniture Combo Breaker
    Phoning Paypal seems to get them moving, so try that.
    You definitley should not be returning a counterfeit item though.
    Could you possibly contact the manufacturers of the DVDs and direct them to this seller, they would have added weight in getting Ebay to shut them down.
  • arriva
    arriva Posts: 407 Forumite
    simpywimpy wrote: »
    . The seller says he didnt realise but I think he did. It was advertised as a chinese import but is quite obviously counterfeit.
    But you don't know what kind of media sell in China, perhaps it's their way, countries I visted around the world always amazed me.
    Splash some water on it, if it is an inkjet printable disc (kind of home-made) the graphic will wash away but... still... we don't know what they sell in China.
    *_*_* Department of Redundancy Department *_*_*
  • simpywimpy
    simpywimpy Posts: 2,386 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ive been back in touch with paypal who now want me to get the dvd looked at and an official letterhead confirming it is counterfeit. Anyone any idea where I could go to get this? Im not sure a local shop would be willing to do something like that
  • penyffordd
    penyffordd Posts: 221 Forumite
    edited 4 April 2010 at 7:03PM
    When I dealt with a fake, about 2 years ago, I contacted consumer direct.

    A very nice guy told me what to put in the email to the person who I bought of ebay, quoting certain legislation etc.

    He told me in no circumstances to send it back until I got my money back. Consumer Direct then took my telephone number. That afternoon, a guy rang from my local Trading Standards branch, and made a house visit that same day.

    He then took a statement from me, and the particulars of the ebay auction, printed off the actual ebay auction. He then said, they would send the item to be verified it was fake and write to me back in due course. They then contacted Trading Standards in the area where the guy was selling. That area Trading Standards bought from the guy selling the fakes, so they had double proof.

    Trading Standards in my area were very good they wrote to Ebay (had more weight on the letterhead "Trading Standards").

    In my case, Trading Standards did make arrests etc.

    Before you ask, yes I did get my money back, the guy was so gobbed smacked that I quoted various pieces of legislation that I did get a refund. Only thing was that he pestered me for the item to be returned. Which Trading Standards did say to me to stall him.

    If I didn't get a refund, when it went to court I would have got the refund then.

    I suppose it does depend on how busy your local Trading Standards team is and who you speak to at Consumer Direct.

    Mine was Consumer Direct Wales.
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